SNIFFSPOT TERMS OF SERVICE

Acceptance of Terms. These Terms of Service (the “Terms”) are a binding legal agreement between you and Sniffspot. (“Sniffspot,” “we,” “us” and “our”). The Terms make the use of the Sniffspot platform including all resources, technology, and services in order to facilitate dog interaction and off-leash space. The Terms govern all use of the Sniffspot Service, whether you access it from our website at https://www.Sniffspot.com (the “Site”), our mobile website, our Facebook application, or any other access point we make available to you. You must be at least 18 years old to be able to enter into legally binding contracts and access and use the Sniffspot Platform. By accessing or using the Sniffspot service, you accept these terms and our Privacy Policy. If you do not agree with these terms, you should not accept them, which gives you no right to use the Sniffspot service.

By agreeing to these terms, you understand and accept that changes may be periodically made to the Terms of Service. Your continued use of the Sniffspot service constitutes your acceptance to be bound by the modified terms.

Sniffspot Service. The Sniffspot platform is a service that allows Hosts to publish their space and offer it as an area for Guests to book for their own personal use. Guests can use the reserved space as an area for off-leash area for their dogs. Usage may include training, space for reactive dogs, or just general play time.

Sniffspot.com does not provide Pet Care Services. Sniffspot is a neutral place for Hosts and Guests. Sniffspot is not a Host and does not provide any pet care services. Sniffspot has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content, or the performance or conduct of any Member or third party. Sniffspot does not endorse any Member, Listing or Host Services. You should always exercise due diligence and care when deciding whether to book and use an accommodation, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Sniffspot of any Host or Listing.

Release. We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Hosts and Guests, whether online or offline. You acknowledge and agree that YOUR USE AND/OR PROVISION OF SniffspotS IS AT YOUR SOLE AND EXCLUSIVE RISK. By using the Sniffspot Service, you are also agreeing to our Waiver and Release.

Transactions are between Guests and Hosts. The Sniffspot Service may be used to find and offer open spaces for pets, but all transactions conducted via the Sniffspot Service are between Guests and Hosts.

Guests are Solely Responsible for Evaluating pet spaces for rent. Guests are solely responsible for evaluating the viability of the spot for their particular dog. Though Sniffspot requires hosts to post general information and share certain qualities about their spot, guests are responsible and should inquire with the host for more in-depth questions.

Conduct on the Sniffspot Service. When you use the Sniffspot Service, you agree:

To use the Sniffspot Service only in a lawful manner and only for its intended purposes.

Not to submit viruses or other malicious code to or through the Sniffspot Service.

Not to use the Sniffspot Service, or engage with other users of the Sniffspot Service, for purposes that violate the law.

Not to use the Sniffspot Service to arrange for the provision and purchase of Sniffspot rental area with another user, then complete transactions for those services offline.

Not to use the Sniffspot.com Service for purposes of competing with Sniffspot.

Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.

Not to post “spam” or other unauthorized commercial communications.

To use the Sniffspot Service only for your own purposes, and not to impersonate any other person.

Not to transfer or authorize the use of your account for the Sniffspot Service by any other person.

Not to provide false information in your profile on, or registration for, the Sniffspot Service.

Not to interfere with our provision of, or any other user’s use of, the Sniffspot Service.

Not to solicit another user’s username and password for the Sniffspot Service.

Rules Regarding Usage: Sniffspot does not allow and will not welcome any of the following:

Unattended dogs

Dogs that have been declared dangerous by a court or animal control

Dogs that have previously bitten a person or animal

Animals that are not dogs

Minors who are booking for themselves; minors are only welcome when a parent or guardian books on their behalf and the minor is part and parcel to the parent’s consent and acceptance of risk

Anybody under the influence of drugs or alcohol, including marijuana

Humans without dogs

Dogs that are unvaccinated

Dogs that are not on flea medication or parasite medication

Dogs that are pregnant

Bookings. In Bookings, Sniffspot acts solely as a technology service that facilitates communication and is not a party to any transaction between Guests and Hosts. Pricing is set by the applicable Host. You acknowledge and agree that you, and not Sniffspot, will be responsible for performing the obligations of any agreement you may have with a Host, that Sniffspot is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Sniffspot disclaims all liability arising from or related to any such agreements.

When we provide Bookings, our responsibilities are limited to: (i) facilitating the availability of the Website and Services and (ii) serving as the limited payment collection agent of Hosts for the purpose of accepting payments from dog owners on behalf of the Hosts of such amounts stipulated by the Hosts.

Damage to Property. As a dog owner and Guest, you are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of your pet or other individuals you invite, or otherwise provide access to, the Property. You agree that we are authorized to immediately charge your Account for all fees and charges due and payable to Sniffspot hereunder and that no additional notice or consent is required.

Suspension and Termination. Sniffspot has no obligation to continue allowing users that break rules to continue using the Sniffspot Service. If conduct violates terms or there are other reasons, we reserve the right to suspend or terminate your ability to access the Sniffspot Service in our sole discretion.

Registration; Account Security. In order to use some aspects of the Sniffspot Service, you will be required to create a username, password, and user profile. By using Sniffspot, you agree that the information that you have provided is accurate and honest. In addition, you agree only to create a profile for your own identity, as well as only maintain one single profile. You are responsible for your own single profile, and you must ensure that you are the only one authorized to use the service and maintain the account. You are responsible for all activity on your account. By using the Sniffspot Service, you agree to notify Sniffspot of any unauthorized use of your account.

Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Sniffspot Service or otherwise in connection with using the Sniffspot Service. For example, Sniffspot Hosts are asked to create a profile page with a photograph as well as share photographs of their Sniffspot space for customers to see.

License. Except for the limitations on our use and disclosure of personal information described in our “Privacy Policy”, you grant Sniffspot an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Sniffspot Service, and to sublicense these rights to third parties.

Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you waive, and release Sniffspot and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.

Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license and make the release with respect to Your Content, (2) that you have any necessary consents and releases from pets of people who appear in Your Content; and (3) Your Content does not violate the law or these Terms.

Right to Remove or Screen Your Content. We reserve the right to monitor, screen, edit and/or remove Your Content on the Sniffspot Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of your right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.

Reviews. If you are a Host, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Sniffspot Service, whether before or after termination of your account for the Sniffspot Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Sniffspot Service at any time.

Currency. All fees, deductible amounts and other payments referenced on, or charged through, the Sniffspot Service are listed and payable in USD.

Service Fees. We charge a service fee and other fees for each booking through Sniffspot. If you are a Host, our service fee is calculated as a percentage of the fees a Guest agrees to pay in a Booking. We deduct this service fee and other fees from the amounts paid by the Guest.

Price changes. We reserve the right to at our sole discretion and without notice to discount or increase host prices.

Cancellations and Refunds. Hosts must be punctual and follow the host guidelines as described here, Host Guidelines. Hosts are expected to respond to a request in 24 hours of the booking or 1 hour before the time of the service. If host fails, the Sniffspot Guest is entitled to a full refund. A Guest can cancel a reservation up to 2 hours before the booking time and receive a full refund. WIthin 2 hours of the time of booking, there are no cancellations. Sniffspot reserves the right to fully refund a Sniffspot Guest for an unsatisfactory experience based on Sniffspot's sole discretion; if the Sniffspot Guest is refunded, the Host is not paid for that visit.

Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Hosts and/or Guests that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from hurricane, wildfire or other natural disaster. In such cases Sniffspot may, in its reasonable discretion, issue refunds under terms that vary from a Host’s selected cancellation policy.

Taxes. Except for taxes on Sniffspot’s income and gross receipts generally, you acknowledge that you are responsible to pay any taxes that arise as a result of your purchase, provision, or use of services via the Sniffspot Service. This includes, without limitation, any form of sales tax or income tax on fees paid or received through the Sniffspot Service.

Copyright Infringement.

If you believe in good faith that your copyrighted work has been infringed by content posted on the Sniffspot Service, please provide Sniffspot with a written notice that includes all of the following information:A description of the copyrighted work you believe to have been infringed;A description of the URL or other location on our Site of the material you believe to be infringing;Your name, mailing address, telephone number and email address;A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; andAn electronic or physical signature of the person authorized to act on behalf of the copyright owner.

Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Sniffspot HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the Sniffspot Service; (2) breach of these Terms; (3) disputes with other users of the Sniffspot Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your pet or pets in your care; or (6) Your Content. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.

Sniffspot Service. Sniffspot and its licensors retain all right, title and interest in and to the Sniffspot.com Service, the technology and software used to provide it, all electronic documentation and content available through the Sniffspot Service (other than Your Content), and all intellectual property and proprietary rights in the Sniffspot Service and such technology, software, documentation and content.

Sniffspot Trademarks. Sniffspot owns all rights in and to its trademarks, service marks, brand names and logos. If you are a Host, Sniffspot grants you, for so long as you are in good standing on the Sniffspot Service, a limited, revocable, non-exclusive, non-transferable license to use the Sniffspot Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (business cards, signage etc.) and/or (2) in any other manner specifically authorized in writing via the Sniffspot Service. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the Sniffspot Marks inures solely to the benefit of Sniffspot, and (2) such license immediately terminates upon your ceasing to be a Host in good standing, whether at your own option or because Sniffspot suspends or terminates your rights to use the Sniffspot Service.

No Liability for non-Sniffspot.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Sniffspot.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE Sniffspot SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE Sniffspot SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE Sniffspot SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.

Arbitration Agreement. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH Sniffspot.COM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Arbitration Agreement; Claims. You and Sniffspot agree that any and all disputes or claims that arise between you and Sniffspot relating to the Sniffspot Service, interactions with others on the Sniffspot Service, and/or these Terms (including any alleged breach of these Terms), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (3) claims that, as a matter of applicable law, cannot be made subject to arbitration.

Agreement to Arbitrate. You agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.

Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability. If any term, clause or provision is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 17 will remain valid and enforceable.

This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.